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High Technology Crime Investigation Association

New England Chapter

Members Only

NEXT MEETING: September 30, 2008 at Deloitte in Boston

PI License Requirement by State to perform Computer Forensics or EDiscovery

State Lic. Law Article/Section Reciprocity Exemptions
Alabama No      
Alaska No      
Arizona Yes ARS 32-2401-16 no  
Arkansas Yes ACA §17-40-101 - 107 Tennessee, Louisiana, and Oklahoma.  To qualify for reciprocity, the license must be current, and the applicant must have been licensed in the reciprocal state for at least two consecutive years.  
California  No     The state of California has recently decided that a PI license is NOT required to provide computer forensic services.
Colorado No      
Connecticut Yes P.A. 04-192 Sec. 1    
Delaware  No Title 24 Section 1301   Delaware exempts computer forensic examiners . "Investigator" or "agency" shall not include any person employed as a computer forensic specialist.
District of
Colombia
No      
Florida  Yes Chapter 493 California
Georgia
Louisiana
North Carolina
Oklahoma
Tennessee*
Virginia
 
Georgia  Yes Chapter 38 of Title 43  Currently, the Board has Limited License Recognition Agreements with Florida, North Carolina, Louisiana, California, Oklahoma, Virginia, and Tennessee.  What is a Limited License Recognition Agreement?
The agreement between Georgia and other states allows a licensed private investigator in another state to enter into Georgia for a period not to exceed 30 days per case per year, in order to complete a case that originated in the state of licensure.  A Georgia-licensed investigator would also be able to enter into the other state to perform work for a 30-day period on a case that originated in Georgia.
 
Hawaii Yes CHAPTER 463   an attorney at law in performing the attorney's duties as such attorney at law.
Idaho No      
Illinois Yes 225 ILCS 447   An attorney licensed to practice in Illinois while engaging in the practice of law. 
Indiana Yes IC 25-30-1-2    
Iowa Yes Iowa Code Chapter 80A
Rules,  661, Chapter 121
A person who holds a valid license to act as a private investigator or as a private security officer issued by a proper authority of another state, based on requirements and qualifications similar to the requirements of this chapter, may be issued a temporary permit to so act in this state, if the person's licensing jurisdiction extends by reciprocity similar privileges to a person licensed to act as a private investigator or private security officer licensed by this state.  
Kansas  Yes 75-7b01 through 75-7b23   attorney performing duties as an attorney or a person employed exclusively and regularly by an attorney or law firm performing duties exclusively on behalf of the attorney or law firm
Kentucky Yes 329A.010    
Louisiana  No Private Investigators Law  (LA. R.S. 37:3500 - 3525) The states that have signed Limited Reciprocity are:
Arkansas, California, Florida, Georgia, North Carolina, Oklahoma, Oregon, Tennessee, Virginia
The states that have signed Full Reciprocity are: Arkansas, Oklahoma
However, scientific research laboratories, technical experts, and licensed engineers shall not be included in this definition.  An attorney at law licensed to practice in this state and his employees.
Maine  Yes Title 32 - Chapter 89 The commissioner shall grant a license to an applicant who has a valid private investigator's license granted under the laws of another state or territory of the United States, upon payment of the required fee and the production of satisfactory proof that:  [1981, c. 126, § 2 (new).] 
 1.  Equivalent requirements. The requirements of the state or territory for a private investigator's license were, at the date of the licensing, substantially equivalent to the requirements of this chapter; and  [1981, c. 126, § 2 (new).] 
 2.  Reciprocity. The other state or territory grants similar reciprocity to license holders in this State.
 
Maryland Yes Title 13-101   to an individual who, as a regular part-time or full-time employee of a lawyer, provides services that relate to the lawyer's regular practice of law in the State;  
Massachusetts Yes Chapter 147 Sections 22-30   http://www.mass.gov/legis/laws/mgl/147-23.htm 
Michigan Yes Public Act 285 of 1965    
Minnesota Yes Minnesota Rules Chapter 7506   an attorney-at-law while performing the duties of an attorney-at-law or an investigator
employed exclusively by an attorney or a law firm engaged in investigating legal matters;
Mississippi No      
Missouri No Missouri Revised Statutes
Chapter 84
St. Louis and Kansas City
Section 84.340
  None required on the state level, but Kansas City, St Louis, Joplin, St Joseph and Springfield require licensing. 
Montana Yes Title 37 Chapter 60     (4) (a) an attorney at law in performing his duties as an attorney at law;
     (b) a legal intern, paralegal, or legal assistant employed by one or more lawyers, law offices, governmental agencies, or other entities; 
Nebraska Yes Neb. Rev. Stat. § 71-3201.    
Nevada Yes NRS 648.012  Nevada does not have reciprocity agreements with licensees from other states.  What we do have is a regulation which addresses this issue.  Please read the following:
NAC 648.280  Authorization of person licensed by another jurisdiction.
(NRS 648.030)
     1.  A private investigator, repossessor, private patrolman, polygraphic examiner or process server who:
     (a) Has been licensed and is in good standing in another state or a territory of the United States;
     (b) Has begun activities for a client in a particular case in that jurisdiction; and
     (c) Needs to continue the activities of that case in Nevada, may apply to the Chairman or Acting Chairman of the Board for authorization to work on that case in Nevada.
 
New Hampshire Yes RSA CHAPTER 106-F   Nothing in this chapter shall be construed to require licensure under this chapter for persons engaged in interviewing parties or witnesses in any legal matter. 
New Jersey Yes Chapter 55 of Title 13  No  
New Mexico Yes 16.48.1 NMAC    
New York Yes Article 7 General Business Law     
North Carolina Yes     At the Private Protective Services Board's June 17, 2004 Screening Committee meeting, the committee addressed the requirements of those conducting computer forensics investigations. The Committee's ruling was that as long as the individual was retrieving and printing the information from the computer and then turning it over to the client for analysis, then a license was not required. However, if you were to retrieve the information and then try to determine it's meaning yourself then a license would be required. The Committee's recommendation was adopted by the full Board.
North Dakota Yes CHAPTER 43−30   1. Any person making any investigation of any matter in which that person or the
person by whom that person is solely employed is interested or involved.    2. An expert who specializes in a specific, limited area of practice, including automotive
accident reconstructions, fire cause and origin inspections, technical surveillance
countermeasures, handwriting analysis, auditor, accountant or accounting clerk
performing audits or accounting functions, or other areas of practice covered by
other licensure in the state, and other areas determined by the board, that fall within
the individual's scope of employment, incidental to the investigative profession.

 
Ohio  Yes Section 4749.021 of the Ohio Revised Code   Attorneys at law or any expert hired by an attorney at law for consultation or litigation purposes
Oklahoma No      
Oregon Yes ORS 703.430  Califonia  
Pennsylvania  No     None required on the state level, but done at the County level
Rhode Island No     Nothing in this chapter shall be construed to require a detective's license in order to interview parties and/or witnesses in legal matters. 
South Carolina Yes     If you accept a fee to secure or obtain [extract] information from any source, including a computer drive, with reference to the identity, habits, conduct, business, occupation, honesty, integrity, credibility, knowledge, trustworthiness, efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation or character of a person, or in reference to the location, disposition or recovery of stolen property, or as evidence in a criminal or civil proceeding, or before a board, an administrative agency, an officer, or investigating committee, you are required to be licensed as a private investigator in South Carolina (SC Code Section 40-18-20). However, acceptance of a fee to merely examine such information after it is secured, obtained or extracted by another person for the purpose of offering your written and/or testimonial opinions concerning that information, then you are considered a consultant and are not required to be licensed as a private investigator in South Carolina.
South Dakota No      
Tennessee  Yes (TCA) 62-26-223, subsection 3 (A) iii    UNLESS you are retained by an attorney or law firm because of your technical expertise
Texas Yes Title 10 Sec. 1702.101 No An attorney while engaged in the practice of law; (10)AAa person who obtains a document for use in litigation under an authorization or subpoena issued for a written or oral deposition;
Utah  Yes Utah Code Title 53 Chapter 09    
Vermont  Yes Title 26 - Chapter 59:    Attorneys engaged in the practice of law, and law clerks, paralegals and other laypersons regularly employed exclusively by one attorney or law firm when the attorney or law firm retains complete professional responsibility for the work product of the law clerk, paralegal or other laypersons in his, her or its employ.
Virginia Yes 6 VAC 20-171 Florida, Georgia, Louisiana, North Carolina, Oklahoma, Tennessee An attorney or certified public accountant licensed to practice in Virginia or his employees.

Licensed or registered private investigators from other states entering Virginia during an investigation originating in their state of licensure or registration when the other state offers similar reciprocity to private investigators licensed and registered by the Commonwealth.

Any certified forensic scientist employed as an expert witness for the purpose of possibly testifying as an expert witness.
Washington  No RCW 18.165.020(10)     
West Virginia Yes Chapter 30 Article 18  No Attorneys or counselors-at-law or any employee or representative of such attorney or counselor
Wisconsin Yes     Scientific researchers, laboratory personnel and expert consultants who may provide testimony to any court, board, officer or investigating committee.
Wyoming No      
 
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